Gilbert v. McCulloch, No. 13-3460 (7th Cir. 2015)
Annotate this CaseGilbert was convicted of sexual assault in 1992 and sentenced to prison. In 2006, the state sought Gilbert’s commitment under Wisconsin Stat. 980.02 as a “sexually violent person.” The court found probable cause. Gilbert completed his sentence and was transferred, on parole, to a DHS facility because of the pending commitment proceeding. Gilbert violated parole and was returned to a Corrections facility. Gilbert was again paroled and transferred to the DHS Center. Gilbert violated his second parole and was reincarcerated. A jury found him a “sexually violent person.” the court entered a commitment order. Gilbert was not transferred to a DHS facility until months later because he was serving his sentence for his second parole violation. Gilbert filed a post-conviction motion asserting that his parole revocation meant that the commitment petition must be dismissed. State courts rejected the claim. The Seventh Circuit affirmed denial of his federal habeas petition, rejecting Gilbert’s claim that there was not a “current” determination that he was a sexually violent person when he entered DHS care. The delay between the commitment verdict and Gilbert’s entry into DHS care was caused by Gilbert’s actions and he has continued to be evaluated without any indication that his condition has improved.
The court issued a subsequent related opinion or order on January 13, 2015.
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